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(영문) 서울동부지방법원 2015.04.02 2015고단235
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 The Defendant has a record of having received a fine of KRW 4 million for a crime of violation of the Road Traffic Act in the Goyang-gu District Court on February 11, 2014.

【Criminal Facts】

1. Around December 20, 2014, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) driven a C small-type car under the influence of alcohol by 0.162% without obtaining a driver’s license from a section of approximately 700 meters near the Hanyang River located in Seongdong-gu Seoul Metropolitan Government to the same front road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a C driver car;

The Defendant driven the said car while under the influence of alcohol concentration of 0.162% on the date and time set forth in paragraph (1), and led the front road of Seongdong-gu Seoul Metropolitan Government to drive it along the two-lanes by moving it to the heading distance from the front side of the heading.

Since a motor vehicle stops on the front side, in such a case, the driver is prohibited from driving the motor vehicle while normal driving is difficult due to the influence of drinking, and the driver has a duty of care to reduce speed and accurately manipulate the steering direction and brake system so as to prevent the accident in advance.

Nevertheless, the Defendant neglected this and was driven by the victim D (ma, 64 years old) who stops in the front section of the Defendant’s vehicle due to negligence while under the influence of alcohol and was driven by the victim D (ma, 64 years old).

Ultimately, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the above influence of alcohol, sustained injuries such as salt, tension, etc. of the climatics that require approximately two weeks medical treatment due to occupational negligence, and was on board the said taxi.

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